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Florida Bank Fraud Lawyer

Bank fraud is a serious crime that carries high fines and lengthy jail sentences for those convicted. Bank fraud is not exclusive to bank executives, mortgage lenders and corporate professionals; any individual who uses fraudulent means to secure a loan or obtain funds from a bank can be charged with bank fraud.

Individuals accused of bank fraud should seek legal representation from a qualified and experienced Florida white collar criminal litigation law firm. At Podhurst Orseck, our award-winning attorneys have worked as federal prosecutors, giving us insight and experience in this area of practice. Our criminal litigation department has successfully represented clients in bank fraud and other white collar criminal cases for nearly a half-century.

Bank Fraud Crimes

Bank Fraud is defined as a criminal act in 18 USC section 1344. The relevant federal law states that:

“Whoever knowingly executes, or attempts to execute, a scheme or artifice—

(1) to defraud a financial institution; or

(2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises;

shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.”

With a million dollar fine and more than 30 years of potential prison time at stake, it is essential that anyone under investigation for bank fraud understand how to successfully navigate the criminal justice system.

In recent years, there has been a crackdown in bank fraud causes in light of the economic damage caused by deceptive banking practices leading up to the 2008 financial collapse. The public and prosecutors have taken a stern stance in prosecuting individuals and bank executives in all types of bank fraud crimes. These cases can be filed on both the federal and state level, and proceedings can be lengthy and complex.

Building a Successful Defense

Individuals accused of bank fraud crimes are protected by the U.S. Constitution and are innocent until proven guilty. Prosecutors and law enforcement may not engage in illegal searches and those facing bank fraud charges have the right not to incriminate themselves.

Many criminal defendants do not have a full understanding of their constitutional rights and are unaware how to successfully navigate the justice system. Claims relating to bank fraud can be complex and high-stakes as prosecutors may seek to seize assets prior to trial, leaving defendants struggling to protect their property while building a case to defend against serious criminal charges.

Understanding and enforcing your rights is essential to achieving a favorable outcome. The Florida white collar criminal litigation law firm of Podhurst Orseck represents individuals under investigation or accused of bank fraud. Our years of experience and understanding of the law and procedural nuances in this area help us achieve a favorable outcome.

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MIAMI – May 23, 2019 – Miami-based litigation boutique Podhurst Orseck is pleased to announce that seven of its attorneys have been recognized as leaders in their respective fields in the 2019 edition of Chambers USA, one of the most...

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Top Class Action FAQs

A: A class action is a type of lawsuit in which the common claims and rights of similarly situated parties are collectively decided in a single case. There is good reason to allow class action lawsuits. It permits individuals who have been harmed to be treated fairly and equitably when contending with defendants who often have significantly more financial resources than individual claimants.

Top Commercial Litigation FAQs

A: This can vary considerably, as each case is unique and brings its own set of circumstances and complexities. Some matters may settle prior to trial while others may proceed to trial and possibly to appellate review.

Recent News & Blog Posts

MIAMI – May 23, 2019 – Miami-based litigation boutique Podhurst Orseck is pleased to announce that seven of its attorneys have been recognized as leaders in their respective fields in the 2019 edition of Chambers USA, one of the most